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The Third Party admitted to receiving the funds and failed to provide a justifiable reason for the transfer. The Defendant acted on instructions believed to be from the Plaintiff and was not negligent or malicious. The Third Party is liable to refund the Plaintiff the withdrawn amount and pay costs to both Plaintiff and Defendant.
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The plaintiff proved on a balance of probabilities that the defendant withdrew funds from his account without authorization. The defendant failed to rebut this evidence or explain the withdrawals. The plaintiff was not negligent. The plaintiff is entitled to the principal sum, general damages, interest, and costs, but not to special damages due to lack of strict proof.
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The plaintiff did not authorize the withdrawals made on 3rd, 11th, and 15th March 2013 from his account, and the defendant failed to discharge the burden of proof to show otherwise. The plaintiff was not negligent, and is entitled to the principal sum, general damages, interest, and costs, but not special damages due to lack of strict proof.
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